7U.K.Schedule 18 to FA 1998 (company tax returns) is amended as follows.
8(1)Paragraph 21 (duty to keep and preserve records) is amended as follows.U.K.
(2)In sub-paragraph (2), for the words from “for six years” to the end substitute “ until the end of the relevant day. ”
(3)After that sub-paragraph insert—
“(2A)In this paragraph “relevant day” means—
(a)the sixth anniversary of the end of the period for which the company may be required to deliver a company tax return, or
(b)such earlier day as may be specified in writing by the Commissioners for Her Majesty's Revenue and Customs (and different days may be specified for different cases).”
(4)In sub-paragraph (3), for “that six year period” substitute “ the relevant day ”.
(5)In sub-paragraph (4), for “that six year period” substitute “ the relevant day ”.
(6)After sub-paragraph (5) insert—
“(5A)The Commissioners for Her Majesty's Revenue and Customs may by regulations—
(a)provide that the records required to be kept and preserved under this paragraph include, or do not include, records specified in the regulations, and
(b)provide that those records include supporting documents so specified.
(5B)Regulations under this paragraph may—
(a)make different provision for different cases, and
(b)make provision by reference to things specified in a notice published by the Commissioners for Her Majesty's Revenue and Customs in accordance with the regulations (and not withdrawn by a subsequent notice).”
(7)In sub-paragraph (6), omit the first sentence.
Commencement Information
I1Sch. 37 para. 8 in force at 1.4.2009 for the purposes of the amendments made by that paragraph by S.I. 2009/402, art. 2
9(1)Paragraph 22 (preservation of information instead of original records) is amended as follows.U.K.
(2)For sub-paragraph (1) substitute—
“(1)The duty under paragraph 21 to preserve records may be discharged—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to sub-paragraph (3) and any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.”
(3)Omit sub-paragraph (2).
(4)In sub-paragraph (3), for “The records excluded from sub-paragraph (1) are” substitute “ Sub-paragraph (1)(b) does not apply in the case of the following kinds of records ”.
(5)Accordingly, in the heading before that paragraph, for “instead of original records” substitute “ etc ”.
Commencement Information
I2Sch. 37 para. 9 in force at 1.4.2009 for the purposes of the amendments made by that paragraph by S.I. 2009/402, art. 2